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COMMONWEALTH v. DEVLIN

221 Pa.Super. 175 (1972)

Commonwealth v. Devlin, Appellant.

Superior Court of Pennsylvania.

March 24, 1972.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Anne F. Johnson, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

James J. Wilson, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY CERCONE, J., March 24, 1972:

Defendant was convicted, after trial without jury, of the crime of possession of narcotic drugs. He has appealed to this court contending that the refusal of his pretrial motion to suppress the physical evidence of the drugs was error as that evidence was either the fruit of an illegal arrest made without probable cause or the direct product of a warrantless search made without probable cause.

We do not agree. Admittedly...

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